Erwin Lashun Webster et al v. County of Los Angeles et al

Filing 27

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED by Magistrate Judge Michael R. Wilner. It is ORDERED that Plaintiff show cause why this civil action should not be dismissed for failure to obey court orders. Plaintiff must submit a declaration (not to exceed 5 pages)explaining his failure to file the required orders and informing the Court about the status of his criminal case by or before September 21, 2012. (See Minute Order for further details) (vm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-656 ODW (MRW)

Title

Webster v. County of Los Angeles

Present: The
Honorable

Date

September 5, 2012

Michael R. Wilner
Veronica McKamie

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

n/a

n/a

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED

In June 2012, the Court stayed this civil action pending the completion of the state
criminal action against Plaintiff. (Docket # 21.) The Court ordered Plaintiff to file periodic
status reports beginning on July 1, 2012, and continuing on the first business day of every other
month after that informing the Court about the status of his state court case and the relevant case
numbers. (Docket # 23.) Additionally, the Court instructed Plaintiff to file a notice with the
Court within 10 days of any potentially dispositive action (dismissal order, trial verdict, plea,
etc.) in the criminal case for the Court’s consideration. The Court specifically informed Plaintiff
that the “failure to file timely reports as required by the order may result in a recommendation
that this action be dismissed for failure to prosecute and obey Court orders pursuant to Federal
Rule of Civil Procedure 41(b).” (Id.)
To date, Plaintiff has failed to comply with the Court’s order. Plaintiff did not file the
initial status report on July 1. He also failed to file a report at the beginning of September.
Moreover, he did not inform the Court that his state drug trafficking case went to trial and led to
his conviction. The Court learned of this information from the District Attorney’s Office as a
result of a filing in Plaintiff’s habeas action.
It is ORDERED that Plaintiff show cause why this civil action should not be dismissed
for failure to obey court orders. Plaintiff must submit a declaration (not to exceed 5 pages)
explaining his failure to file the required orders and informing the Court about the status of his
criminal case by or before September 21, 2012.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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